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    caulkett4816's Avatar
    caulkett4816 Posts: 1, Reputation: 1
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    #1

    Mar 25, 2008, 11:56 AM
    Changing child's last name
    I gave birth to my first son unmarried and he has my mother's last name ( I was going to change mine to hers). Now I am married to the man that has raised my first son but is not his legal father we also just had a child and he has the same last name as my husband and me. My first son will be starting school soon and I would like to change his name to my now married name so then there will not be any confusion and him and his brother would have the same last name. I don't know how to go about doing so in Pennsylvania. Also my first son's real father is not listed on the birth certificate but does pay child support could he have any say in me changing my son's last name? Please let me know how can I change my son's last name and if his real father has any say in it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 25, 2008, 11:59 AM
    You need file a petition in court for a legal name change. Its possible the bio father will object and not allow the change.

    However, you can use any name you want as long as there is no intent to defraud. So you could explain to the school authorities that even though his legal names is Jones, you want him to be known in school as Smith.
    mariposa11's Avatar
    mariposa11 Posts: 48, Reputation: 4
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    #3

    Mar 25, 2008, 11:32 PM
    Scott, is that accurate in PA? Can you "create" a surname for your child that is not his/her legal last name? I am very interested in where you got this info. Please respond.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Mar 26, 2008, 05:40 AM
    As far as I know, this is US law. I've looked for the statute but haven't been able to find it. Look at Hollywood people for example. I believe SAG requires one to have a unique name when they join (That's why Michael Fox became Michael J Fox). Some actors do legally change their name, others just use the stage name for public consumption.

    Can you just make up any name for a child? That may not fly with the school. But if you explain to the school why you want to use a name not on t he birth certificate they should accommodate you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Mar 27, 2008, 12:23 PM
    Quote Originally Posted by ScottGem
    As far as I know, this is US law. I've looked for the statute but haven't been able to find it. Look at Hollywood people for example. I believe SAG requires one to have a unique name when they join (That's why Michael Fox became Michael J Fox). Some actors do legally change their name, others just use the stage name for public consumption.

    Can you just make up any name for a child? That may not fly with the school. But if you explain to the school why you want to use a name not on t he birth certificate they should accomodate you.

    The local School Board also has a say in this - neighbor has a foster child, has had the child (now 11) for over 9 years. Mother won't release for adoption, father deceased. Anyway, child wanted to be known by foster parents' last name in school so she doesn't have to explain. School District denied request and advised while not contrary to NYS Education Law it is contrary to local School District rules/regulations. Could not even "use" foster parents' name with consent of natural mother (who, quite frankly, could care less for the child).
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